Crimes Act 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

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History

Part IB (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 9, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:

Part 1B - Sentencing, imprisonment and release of federal offenders

Division 7 - Acquittal because of mental illness  

SECTION 20BN   Attorney-General to review detention of persons taken back into detention  

[ CCH Note: S 20BN heading will be amended by No 33 of 2026, s 3 and Sch 1 item 37, by substituting " Commonwealth Parole Board " for " Attorney-General " , effective immediately after the commencement of Part 2 of the Commonwealth Parole Board Act 2026 . For transitional provisions, see note under s 19AKB .]

(1)    
Where, under subsection 20BM(5) , a prescribed authority directs that a person be detained in prison or in a hospital, the Attorney-General must, as soon as practicable after the person is so detained, consider (in this section called the initial consideration ) whether or not the person should be released from detention and must, while the person is in detention, reconsider the matter at least once in each period of 6 months after the initial consideration.

(2)    
Subsection 20BK(2) and, subject to the modification in subsection (3) , section 20BL , apply in relation to an initial consideration and a reconsideration under subsection (1) .

(3)    
For the purposes of applying section 20BL , subsection 20BL(1) has effect as if the reference in that subsection to subsection 20BK(1) were a reference to subsection (1) of this section.

[ CCH Note: S 20BN will be amended by No 33 of 2026, s 3 and Sch 1 item 38, by substituting " Commonwealth Parole Board " for " Attorney-General " (wherever occurring), effective immediately after the commencement of Part 2 of the Commonwealth Parole Board Act 2026 . For transitional provisions, see note under s 19AKB .]

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